Arguing Class Actions: Using Rule 23 to Enjoin Governmental Overreach

Since his inauguration, President Donald Trump has issued more than 135 executive orders; many of which have been immediately challenged in court. The cases are a mix of potential class actions, individual actions, and cases brought by organizational plaintiffs on behalf of their members. Many have quickly sought nationwide preliminary injunctions to stay the challenged executive orders.

Nationwide injunctions are judicial orders enjoining the federal government from enforcing challenged laws, regulations, or policies across the United States as a whole. Unlike class actions, where broad injunctive relief is only available once a class is certified and is limited to the members of the class, courts can issue broad nationwide injunctions earlier in the case and provide relief to affected people beyond the plaintiffs in the case without having to satisfy Federal Rule of Civil
Procedure 23.

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